Persons Crime Elements

Question 1

What is the definition of Battery?

Answer 1

Willful and unlawful use of force or violence on the person of another

Requires actual physical contact.

Question 2

What constitutes Assault with a deadly weapon or by means of force?

Answer 2

• Unlawful attempt
• Present ability
• To commit a violent injury
• Upon the person of another
• By use of a deadly weapon
• Force likely to produce great bodily injury

This is classified as a felony.

Question 3

What is the definition of Elder or dependent adult abuse?

Answer 3

• Willfully causing or permitting an elder or dependent adult to suffer
• Inflicting unjustifiable physical pain or mental suffering
• Causing or permitting them to be injured or endangered
• Committing theft or embezzlement of their property

This is classified as a wobbler.

Question 4

What is Kidnapping?

Answer 4

Unlawful taking of a person against their will by force or fear from one place to another

The movement refers to whether the victim was exposed to additional danger as a result of the movement, not the distance.

Question 5

What is the definition of False imprisonment?

Answer 5

Unlawful violation of the personal liberty of another

Can be accomplished by restraining, confining, detaining, or compelling someone to go or stay somewhere without their consent.

Question 6

What is Child abduction without custodial right?

Answer 6

Maliciously taking, enticing away, keeping, withholding, or concealing any minor child with the intent to detain or conceal from a person having lawful custody

This is classified as a felony.

Question 7

What is Child abduction with custodial right?

Answer 7

Enticing away, keeping, withholding, or concealing with the intent to deprive the other person of their right to custody or visitation

This is classified as a felony.

Question 8

What is the definition of Robbery?

Answer 8

Taking of personal property of another person from their person or immediate presence against their will by means of force or fear

This is classified as a felony.

Question 9

What is Carjacking?

Answer 9

Taking a motor vehicle from the person or immediate presence of a possessor or passenger by means of force or fear with the intent to permanently or temporarily deprive the possessor or passenger

This is classified as a felony.

Question 10

What is the definition of Murder?

Answer 10

Unlawful killing of a human being or fetus with malice aforethought

Malice aforethought is expressed when there is an intent to kill, or implied when the killer shows a conscious disregard for life.

Question 11

What are the types of First degree murder?

Answer 11

• Premeditated
• Explosives
• Torture
• Poison
• Lying in wait

Malice aforethought is implied if the killing occurred during the commission of certain crimes.

Question 12

What is the Felony murder rule?

Answer 12

Malice aforethought is implied if the killing occurred during the commission of:
* Arson
* Robbery
* Burglary
* Mayhem
* Train wrecking
* Rape
* Carjacking
* Kidnapping
* Drive by shooting

This rule applies to specific serious crimes.

Question 13

What is Voluntary Manslaughter?

Answer 13

Unlawful killing of a human being without malice upon sudden quarrel or heat of passion

This is classified as a felony.

Question 14

What is Involuntary manslaughter?

Answer 14

In the commission of an unlawful act not amounting to a felony or in the commission of a lawful act which might produce death in an unlawful manner or without caution or circumspection

This is classified as a felony.